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French Data Protection Authority Releases New Opinion on Compliance with U.S. Discovery Procedures

September 17, 2009
/ Crossborder discovery: international aspects of ESI production Europe

cnil

On August 19, 2009, the French Data Protection Agency (also known as the “CNIL”) released a new opinion (the “Opinion”) on the transfer of personal data from France to a jurisdiction outside of Europe. The Opinion is noteworthy for describing how personal data can be transferred from France to the United States pursuant to U.S. discovery proceedings.

The Opinion stresses that it does not cover proceedings originating from U.S. governmental requests, such as requests by the Security Exchange Commission (SEC) or the Federal Trade Commission (FTC). The issue of international discovery transfers has been a particularly thorny and complex one, as it has often pitted the legal obligations of an entity in the United States to comply with U.S. discovery requirements against its obligations to comply with EU data protection laws, where it holds personal data on individuals located within the EU.

For more from the Proskauer Rose Privacy Law blog click here.

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